Federal Register of Legislation - Australian Government

Primary content

Rules/Other as made
This instrument amends the Public Governance, Performance and Accountability Rules 2014 (PGPA Rules) in order to add WSA Co Ltd as a Government Business Enterprise stipulated in paragraph 5.
Administered by: Finance
Registered 11 Sep 2017
Tabling HistoryDate
Tabled HR12-Sep-2017
Tabled Senate13-Sep-2017
Date of repeal 13 Sep 2017
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

 

Public Governance, Performance and Accountability Rule 2014

 

Public Governance, Performance and Accountability Amendment (Government Business Enterprise) Rules 2017

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) set out a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Minister for Finance may make rules by legislative instrument to prescribe matters giving effect to the Act.

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The Public Governance, Performance and Accountability Amendment (Government Business Enterprise) Rules 2017 (Amending Rules) amend the PGPA Rule to prescribe the WSA Co Limited as a government business enterprise.

 

Details of the Amending Rules are set out at Attachment A.  A statement of compatibility with human rights is at Attachment B.

 

The Amending Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003 and are a disallowable instrument

 

Consultation

The Amending Rules were developed in consultation with the Commercial Advice Branch in the Department of Finance and the Department of Infrastructure and Regional Development.

 

 


Attachment A

 

Details of the Public Governance, Performance and Accountability Amendment (Government Business Enterprise) Rules 2017

 

Section 1—Name of rule

 

This section provides that the title of the instrument is the Public Governance, Performance and Accountability Amendment (Government Business Enterprise) Rules 2017 (Amending Rules).

 

Section 2—Commencement

 

This section provides that each provision of the instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.

 

The whole of this instrument commences on the day after it is registered.

 

Section 3—Authority

 

This section states that the Amending Rules are made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

 

Section 4—Schedules

 

This section provides that each legislative instrument that is specified in a Schedule to the Amending Rules is amended or repealed as set out, and that any item in a Schedule to this instrument operates or is applied as specified in the Schedule.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability Rule 2014

 

Item 1 – After paragraph 5(2)(f)

 

This item adds WSA Co Limited (WSA Co) to the list of Commonwealth entities and companies that are prescribed as a government business enterprise (GBE) for purposes of the definition in section 8 of the PGPA Act. A GBE is a special type of entity or company that is established and owned by the Commonwealth in order to fulfil a public purpose in the delivery of services or operation of infrastructure.

 

The Commonwealth formed WSA Co as a new Commonwealth company on 7 August 2017.  The company was incorporated as an Australian Public Company, Limited by Shares and registered with the Australian Securities and Investments Commission on that date. WSA Co was established to build, develop and operate Western Sydney Airport. The legislative authority to form WSA Co is provided by the Airports Act 1996.

 


 

Attachment B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Public Governance, Performance and Accountability Amendment (Government Business Enterprise) Rules 2017

 

The Public Governance, Performance and Accountability Amendment (Government Business Enterprise) Rules 2017 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) establishes a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Minister for Finance may make rules by legislative instrument to prescribe matters giving effect to the Act.

 

The legislative instrument amends the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) made under the PGPA Act by amending section 5 of the PGPA Rule to prescribe WSA Co Limited as a government business enterprise.

Human rights implications

 

The legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance